Detail: New plan to us in 2015. Plan has been in existence for decades. Safe Harbor 3% with Cross tested design. The employer was "told" that the division he purchased in 2006 could be excluded and everything would be fine. The excluded division was discussed in some manner at the sales process. I was not there, I don't know all the details. I got the privilege to try to sort out mess. Employer would like to keep division excluded if possible. (It's not)
Well fast forward to 2016 and 2015 testing. I have all the census information and sure enough, it won't pass 410b coverage. The excluded division is killing the numbers.
Hide sight would have been to not bring the whole division, but to have them meet eligibility and treat like any other division; knowing that coverage was going to be an issue and several of the employees would never be eligible.
I need some direction.
Thanks!